Real Estate Sales Contract Template for Denmark

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Key Requirements PROMPT example:

Real Estate Sales Contract

Document background
The Real Estate Sales Contract is a fundamental legal document used in Danish property transactions to formalize the transfer of real estate ownership. It is essential for both residential and commercial property sales in Denmark, requiring compliance with specific Danish legislative requirements including the Registration of Property Act, Energy Labeling of Buildings Act, and various property-related regulations. The document serves as a comprehensive agreement covering all aspects of the property transfer, from initial property description and purchase price to completion and registration. It includes mandatory elements such as energy certificates, property condition reports, and specific Danish legal requirements for property registration. This contract type is designed to protect both buyers and sellers while ensuring the transaction meets all regulatory requirements under Danish law.
Suggested Sections

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and CPR/CVR numbers

2. Background: Context of the sale and brief description of the property being transferred

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property including address, land registry details, property number (matrikelnummer), and total area

5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements

6. Payment Terms: Detailed structure of payments, including deposit, timing, and method of payment

7. Condition of Property: Description of the property's current condition and any known defects

8. Property Inspection: Details of property inspections conducted and their findings

9. Energy Certificate: Energy rating and certification details as required by Danish law

10. Takeover Date: Date of possession and transfer of risk

11. Registration and Title: Process for legal registration of the property transfer and title deed requirements

12. Taxes and Fees: Allocation of property taxes, registration fees, and other associated costs

13. Insurance: Insurance requirements and transfer of insurance obligations

14. Representations and Warranties: Seller's declarations regarding the property's condition and legal status

15. Default and Remedies: Consequences of breach by either party and available remedies

16. Governing Law: Confirmation of Danish law as governing law and jurisdiction

Optional Sections

1. Mortgage Arrangements: Details of existing mortgages and arrangements for their handling, used when the property has existing mortgages

2. Tenant Rights: Information about existing tenants and their rights, included when the property is currently leased

3. Property Usage Rights: Special rights or restrictions relating to property usage, included when there are specific easements or restrictions

4. Fixtures and Fittings: Detailed list of items included/excluded in the sale, used when there are specific items to be addressed

5. Environmental Matters: Specific environmental considerations or contamination issues, included when relevant environmental issues exist

6. Development Potential: Information about development possibilities and restrictions, included for properties with development potential

7. Agricultural Land: Special provisions for agricultural land, included when the property includes agricultural areas

8. Historic Preservation: Requirements and restrictions for historically protected properties, included for listed buildings

Suggested Schedules

1. Property Report (Tilstandsrapport): Mandatory technical report on the property's condition

2. Energy Performance Certificate: Mandatory energy rating documentation

3. Property Insurance Information: Details of existing insurance and claims history

4. Land Registry Extract: Official extract from the Danish Land Registry

5. Property Tax Assessment: Current property tax evaluation and payments

6. Floor Plans and Measurements: Detailed plans and measurements of the property

7. Soil Contamination Report: Results of any soil contamination investigations

8. Building Permits: Copies of relevant building permits and applications

9. Utility Consumption Statement: Overview of utility consumption and costs

10. Property Ownership History: Historical overview of property ownership and transactions

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Formation of Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and general principles of contract law in Denmark. Essential for ensuring the real estate contract meets basic legal requirements.
Registration of Property Act (Tinglysningsloven): Regulates the registration of real property rights and ensures legal protection of ownership. Crucial for the proper transfer of title and registration of the property sale.
Danish Sale of Property Act (Lov om omsætning af fast ejendom): Specific regulations governing real estate transactions, including requirements for real estate agents and the sale process.
Energy Labeling of Buildings Act (Lov om energimærkning af bygninger): Requires energy performance certificates for properties being sold, which must be available to potential buyers before the sale.
Danish Mortgage Credit Act (Realkreditloven): Governs mortgage financing aspects of real estate transactions, important for provisions related to existing mortgages and financing conditions.
Planning Act (Planloven): Regulations regarding land use and zoning that may affect the property's use and value, which should be addressed in the sales contract.
Building Act (Byggeloven): Regulations concerning building standards and permits, relevant for determining if the property complies with building regulations and if there are any outstanding issues.
Environmental Protection Act (Miljøbeskyttelsesloven): Relevant for addressing any environmental issues or contamination related to the property, which must be disclosed in the sales process.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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